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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 204 Change of name or alteration of eligibility rules of organisation

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 204

Change of name or alteration of eligibility rules of organisation
204. (1) A change in the name of an organisation, or an alteration of the
eligibility rules of an organisation, does not take effect unless a designated
Presidential Member consents to the change or alteration.

(2) A designated Presidential Member may consent to a change or alteration in
whole or part, but shall not consent unless the Presidential Member is
satisfied that the change or alteration has been made under the rules of the
organisation.

(3) A designated Presidential Member shall not consent to a change in the name
of an organisation unless the Presidential Member is satisfied that the
proposed new name of the organisation:

   (a)  is not the same as the name of another organisation; and

   (b)  is not so similar to the name of another organisation as to be likely
        to cause confusion.

(4) A designated Presidential Member shall not consent to an alteration of the
eligibility rules of an organisation if, in relation to persons who would be
eligible for membership because of the alteration, there is, in the opinion of
the designated Presidential Member, another organisation to which those
persons might conveniently belong.

(5) Subject to subsection (6), a designated Presidential Member shall not
consent to an alteration of the eligibility rules of an organisation that is
an industry-based organisation if, because of the alteration, the organisation
would stop being an industry-based organisation.

(6) A designated Presidential Member may consent to an alteration of the kind
referred to in subsection (5) if the designated Presidential Member is
satisfied that there are special circumstances justifying the alteration.

(7) Where a designated Presidential Member consents under subsection (1), to a
change or alteration, the change or alteration takes effect on:

   (a)  where a date is specified in the consent - that date; or

   (b)  in any other case - the day of the consent.

(8) This section does not apply to a change in the name, or an alteration of
the eligibility rules, of an organisation that is:

   (a)  determined by a designated Presidential Member under subsection 118
        (7) or 208 (6); or

   (b)  proposed to be made for the purposes of an amalgamation under Division
        7 of this Part or Part 3 of Schedule 4.

(9) In this section:

"business" means a business, trade, manufacture, undertaking or calling of
employers;

"industry-based organisation" means an organisation of employees whose
eligibility rules, so far as they relate to the eligibility of employees for
membership, restrict eligibility for membership to persons who are employees
in relation to the same kind of business.